VAGHELA JENUBHAI JASMATSANG Vs. K. A. PATEL

JUDGEMENT

(1.) By way of this contempt petition filed under the provisions of Sec. 2(b), 10 and Sec. 12 of the Contempt of Courts Act, 1971 read with under Article 215 of the Constitution of India, 1950, the present petitioners seek following relief;-

(2.) The brief facts of the present case are that the petitioners are the owners of land bearing Survey Nos. 815, 822, 823, 825, 833, 834, 841, 842 and 843 situated in Sim of village Chekhla, Sanand, Ahmedabad. Since, they were desirous to construct Narmada Canal, the possession of lands were acquired by land acquisition officer, issuing Notification, under Sec. 4 of Land Acquisition Act on 30/3/2011. Subsequently another Notification under Sec. 6 of Land Acquisition Act was issued on 29/6/2011 and same was published in official Gazette on 21/7/2011. Though the notification dtd. 21/7/2011 was published, no award was declared by respondents, and therefore, the petitioners have approached this Hon'ble Court by way of Special Civil Application No. 18072 of 2015 seeking direction for the declaration of the award. The Division Bench of this Court by way of an order dtd. 10/12/2015 has been pleased to pass to direct the respondents to comply with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and passed awards in respect of the lands of the petitioners, within a period of three months from the date of receipt of a copy of the order but the said directions were not complied with and hence, the petitioners have filed contempt petition being Misc. Civil Application No. 2687 of 2016. After passing various orders by the Division Bench of this Court, ultimately the respondents authority have passed an award on 31/1/2018, but interest was not paid on amount of compensation.

(3.) Consequent to the order dtd. 1/3/2023, the Notice was issued by Coordinate Bench of this Court to the other side. Affidavit-in-reply is filed by one Mahendrabhai M. Desai, Deputy Collector, Special Land Acquisition Officer, Narmada Project, at page on 216 came to be filledw wherein, apart from raising various disputes, in para 6, 7 of the affidavit- in reply, deponent has raised dispute that since the order, for which, the contempt petition is filed, is passed by the Hon'ble Apex Court. Thus, in view of Article 215 of the Constitution of India, the Hon'ble High Court being court of Record shall have no power to initiate and try the contempt of order passed by the Higher Court i.e. Hon'ble Apex Court and therefore this contempt petition is not maintainable. Para 6 and 7 reads as under: